Article I Scope and Definitions. Scope

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1 DIRECTIVE NO. 134 OF 16 OCTOBER 2009 ON THE DISEASE PREVENTION OPERATION OF FISH FARMING FACILITIES, AS AMENDED BY DIRECTIVE NO. 111 OF 19 NOVEMBER Directive No. 134 of 16 October 2009 Article I Scope and Definitions Article II Broodstock Fjords, Smolt Ponds and Aquaculture Fjords Article III Approvals Article IV Operations Article V Regulations governing recreational fishing and the stocking of rivers and freshwater bodies of water Article VI Administrative regulations, initiatives and penalties Under the authority of 9-10; 12, paragraph 1; 13-14; 19, paragraph 1 and 3; 20, paragraph 1; 26-27; 38, paragraph 1; 38a; 39, paragraph 1; 40, paragraph 1; 41; 42, paragraph 1; 46 and 48, paragraph 2-3 of enabling legislation Parliamentary Act No. 16 of 23 February 2001 on animal disease, as amended by Parliamentary Act No. 18 of 8 May 2008; 8, paragraph 3; 9, paragraph 2; 10, paragraph 2; 13; 17; 18, paragraph 3; 24 and 25 of enabling legislation Parliamentary Act No. 83 of 25 May 2009 on the farming of fish, etc., the following Directive is adopted: Article I Scope and Definitions Scope 1. This Directive encompasses the establishment, placement, layout/fixtures, operation and general disease prevention measures at Broodstock Farms, Smolt Ponds, Aquaculture Farms and other areas where aquaculture animals are raised. Definitions 2. 1) For the purposes of this Directive, the following definitions shall apply: 1) Aquaculture Animal: An aquatic animal (with the exception of marine mammals) at all its life stages in a Fish Farming Facility or that is intended to be in a Fish Farming Facility. 2) Biomass: Total amount of live fish. 3) Anadromous Fish: Fish that migrate from the sea to freshwater to spawn. 4) Catadromous Fish: Fish that migrate from freshwater to the sea to spawn. 5) Marine Fish: Fish that always live in the sea. 6) Pond: Natural or man-made bodies of freshwater, including those created by levees. 7) Fish-year Classes: a) Fish from roe that is gathered and hatched at the same time, or b) Fish that are transferred from a Smolt Farm to an Aquaculture Farm during a specific time period not longer than 4 months. 8) Fish Group: Fish of the same age and origin that are raised in the same aquaculture cage/pen. Page 1

2 9) Broodstock: Parent brood fish that are used for a new generation of broodfish or food fish. 10) Food Fish: Fish in all stages of growth that are raised in either a Smolt Farm or Aquaculture Farm and are intended to be slaughtered. 11) Fish Kill: Fish that die of natural causes or are purposely killed, e.g., for sample analysis. 12) Fish Farming Facilities: Broodstock Farm, Smolt Farm or Aquaculture Farm where fish are raised. 13) Broodstock Farm: Area on land or at sea where brood fish are raised. 14) Land-based Broodstock Farm: Broodstock Farm where sperm or eggs are harvested, eggs are hatched, or where broodfish are raised in vats, tanks or the like on land. 15) Sea-based Broodstock Farm: Broodstock Farm where broodfish are raised in floating cages/pens at sea. 16) Smolt Farm: Smolt farm on land or in freshwater where food fish are raised. 17) Land-based Smolt Farm: Smolt Farm where eggs are hatched or where food fish are raised in vats, tanks, or the like on land. 18) Freshwater Smolt Farm: Smolt Farm where food fish are raised in Floating Aquaculture Facilities in freshwater ponds. 19) Aquaculture Farm: Aquaculture facility on land or at sea where food fish are raised. 20) Land-based Aquaculture Farm: Aquaculture Farm where food fish are raised on land in vats, tanks, or the like using pumped seawater. 21) Sea-based Aquaculture Farm: Aquaculture Farm where food fish are raised in Floating Aquaculture Facilities at sea in one or several Aquaculture Areas with associated land-based facilities. 22) Trial Fjord: A fjord, bay, sound or other delineated area of the sea that has been granted a temporary aquaculture permit for the raising of animal or plant species pursuant to the provisions of this Directive. 23) Broodstock Fjord: A fjord, bay, sound or other delineated area of the sea where a Sea-based Broodstock Farm has permission to raise broodfish. 24) Broodstock Area: A delineated area within a Broodstock Fjord where a Sea-based Broodstock Farm, consistent with the broodfish permit, has permission to place Floating Aquaculture Facilities for the raising of broodfish. 25) Smolt Pond: A Pond where a Smolt Farm has permission to raise food fish. 26) Smolt Area: A Smolt Pond or a delineated area within a Smolt Pond where a Smolt Farm has permission to place Floating Aquaculture Facilities for the raising of food fish. 27) Aquaculture Fjord: A fjord, bay, sound or other definitive and delineated area where one or more Aquaculture Farms at sea or on land have permission to raise food fish. 28) Aquaculture Area: A delineated area in an Aquaculture Fjord where a Sea-based Aquaculture Farm, consistent with the aquaculture permit, has permission to place Floating Aquaculture Facilities for the raising of food fish. 29) Floating Aquaculture Facility: Aquaculture rings, food storage, food distribution networks and the like that are used for the raising of fish at sea or in freshwater ponds. 30) Aquaculture Equipment: Spawn hatchers, hatching cylinders/jars, and the like that are used in the hatching of fish, and the vats, tanks, rings/cages/pens, food storage and the like that are used in the raising of fish. Page 2

3 31) Operational Unit: a) Broodstock Farms, Smolt Farms or Land-based Aquaculture Farms that jointly utilize common buildings, water distribution systems, etc. and operate utilizing commonly-held equipment, or b) Sea-based Broodstock Farms, Freshwater Smolt Farms, or Sea-based Aquaculture Farms having one or more Broodstock Areas, Smolt Areas, or Aquaculture Areas, Floating Aquaculture Facilities, land-based facilities, feed boats or auxiliary boats and that operate utilizing commonly-held equipment and joint staff. 32) Production Unit: Divisions within an operational unit divided by activity. 33) Put and Take Fisheries: Natural or man-made ponds/lakes stocked with fish for recreational fishing. 34) Registration Numbers: Respectively, a) L-number for Broodstock Farms or Broodstock Areas; b) S-number for Smolt Farms; c) A-number for Aquaculture Areas; d) M-number for mariculture farms; and e) AS-number for Aquaculture Farms. 35) Aquaculture Associated Company: Bleeding and eviscerating enterprises, quality control enterprises, fish processing plants that process aquaculture fish, companies that wash rings/nets/seines, etc. 36) Concessionaire: Legal or natural person granted an aquaculture permit for the respective Fish Farming Facility. 37) Operations Manager: Person responsible for the operations of the respective aquaculture concession or aquaculture associated company. 38) Internal Inspection: Organized and systematic measures designed to ensure that the activities at a Fish Farm are organized, managed, executed and maintained/updated consistent with the then current law or directive authorized by any enabling legislation. 39) Approved Medicine: Medicine that is approved and registered by the Medicine Registration Authority for use on fish and other Aquaculture Animals. 40) Approved Cleaning and Disinfectant Agents: Agents that are approved by the Faroese Occupational Safety & Health Administration and the Faroese Food and Veterinary Authority (HFS) for use in food production facilities. 41) HFS-Fish Farm Registry System: Electronic database system of the Faroese Food and Veterinary Authority to which information from the electronic logbooks on aquaculture farm operations maintained by Fish Farms shall be submitted pursuant to of this Directive. 42) Production Cycle: Time period from when the first fish are set out in an Operational Unit until the last fish are harvested. 43) Sluice Gate: A physical barrier between two areas that ensures separation and containment of diseased Aquaculture Animals. Page 3

4 Article II Broodstock Fjords, Smolt Ponds and Aquaculture Fjords Broodstock Fjords, Smolt Ponds and Aquaculture Fjords 3. As stipulated in Annex I, the Faroe Islands is divided into: 1) Broodstock Fjords, where it is permitted to carry out breeding activities at Sea-based Broodstock Farms, 2) Smolt Ponds, where it is permitted to carry out fish farming activities at Freshwater Smolt Farms, 3) Aquaculture Fjords, where it is permitted to carry out fish farming activities at Sea-based Aquaculture Farms or Land-based Aquaculture Farms, and 4) Aquaculture Fjords, where it is permitted to carry out fish farming activities at Land-based Aquaculture Farms. 2. After 31 December 2010, all breeding of broodstock of Anadromous, Catadromous and Marine Fish at all stages of growth shall be carried out in vats, tanks or the like at a Land-based Broodstock Farm. 3. After 31 December 2010, all Land-based Broodstock Farms, Freshwater Smolt Farms, and Landbased Aquaculture Farms shall have approved equipment for the cleaning and disinfecting of incoming fresh water and/or seawater. 4. The Food and Veterinary Authority may, after a risk assessment, grant an exemption from paragraph 3 above, if any intake water comes from reservoirs or lakes where Anadromous fish from the sea are not present and no other Fish Farm is present nor discharges wastewater into the relevant water sources. 5. After 31 December 2010, roe from broodstock that are not grown in Land-based Broodstock Farms shall be grown in self-contained, prophylactic facilities that are operationally separate from other roe/fish to limit the spread of infectious disease. 4. The Food and Veterinary Authority, in certain circumstances, may restrict the farming of several fish species at the same Aquaculture Farm, if veterinary concerns so dictate. 2. Owner means equipment owned by the concessionaire. 3. With regard to Fish Farming Facilities, the Concessionaire is the one who is granted the permit to operate the relevant Fish Farming Facilities. Article III Approval Approval of Fish Farming Facilities 5. Fish Farming Facilities that are covered by 1 above shall be approved by the Food and Veterinary Authority before being established and before becoming operational. 2. Within three (3) months of this Directive entering into effect, existing Fish Farming Facilities shall apply to the Food and Veterinary Authority for approval, confer, however, 76. Page 4

5 3. A request for approval of Fish Farming Facilities shall be submitted to the Food and Veterinary Authority via a special application form designed by the Food and Veterinary Authority. 4. The request shall, at the very least, provide this information: 1) Names, addresses, telephone numbers of the owners, 2) Management organization, a) Distribution of responsibilities b) Competency/experience of management team c) Educational background d) Work and professional/technical experience 3) Where the Fish Farming Facilities shall be situated, 4) Drawings showing where the Fish Farming Facilities shall be located, the layout of the buildings and fixtures/equipment, 5) Information on technical circumstances, including, but not limited to, freshwater/seawater access/availability and the processing of freshwater/seawater (filtering systems, bio-filters, UV and/or Ozone.), 6) Drawing of the Land-based Aquaculture Farm(s) and how it is outfitted, 7) Drawing of the Broodstock Area(s), Smolt Area(s) or Aquaculture Area(s), 8) Descriptions of the intended activities occurring at the Fish Farming Facilities (Broodstock Farm(s), Smolt Farm(s), Aquaculture Farm(s) or other aquaculture-related activities, 9) Information about each type of fish species intended for the Fish Farming Facilities such as salmon, other fish species or other Aquaculture Animals, 10) Copy of the Internal Inspection for the Fish Farming Facilities. 5. The Food and Veterinary Authority shall make a determination about the application within three (3) months. 6. The approval for the Fish Farming Facilities shall be for a period of no more than five (5) years. To ensure a continuous operation of the Fish Farming Facilities the Concessionaire shall submit an application for a new approval no later than three (3) months before the current approval permit expires. 7. The approval of the Fish Farming Facilities may be conditioned on that the Fish Farming Facilities adopt effective measures to prevent the spread of infectious disease or zoonosis. 8. The Food and Veterinary Authority may rescind the approval of the Fish Farming Facilities in the event that the Fish Farming Facilities are found to have been grossly negligent, disregarded or repeatedly violated the provisions of this Directive or an order or ban from the Food and Veterinary Authority issued pursuant to this Directive. 9. In the event there is a shift in ownership of the Fish Farming Facilities or the Fish Farming Facilities operations are abandoned, written notice shall be submitted to the Food and Veterinary Authority no later than one month after said event occurs. Page 5

6 10. Significant changes at a Fish Farming Facility, including changes to the placement or layout of buildings, land-based facilities or the fish farming facilities shall be pre-approved by the Food and Veterinary Authority. Specific to Aquaculture in Trial Fjords 10 a. 1) A temporary aquaculture permit in a Trial Fjord may only be granted for one Production Cycle at a time and only to one Concessionaire at a time, when the relevant farming is of animal species. 2. Fallowing between each Production Cycle shall follow the provisions of this Directive, when the relevant farming is of animal species. 3. A temporary aquaculture permit in a Trial Fjord may only be granted to one Concessionaire for each trial, when the relevant farming is of plant species. 4. Fallowing between each Production Cycle shall comply with best industry practices, when the relevant farming is of plant species. 5. The relevant annual fee for a temporary aquaculture permit for trial farming is stipulated in the then current Directive on Fees for Aquaculture Permits. Placement and Layout 11. To ensure adequate segregation and to minimize the spread of infectious disease among the fish in various aquaculture farms, the distance between existing Broodstock Farms, Smolt Farms, Aquaculture Farms and Aquaculture Associated Companies shall be at least: 1) Between two Broodstock Farms 5 km. 2) Between a Broodstock Farm and a Smolt Farm/ 5 km. Aquaculture Farm/Aquaculture Associated Company 3) Between two Smolt Farms 1 km. 4) Between a Smolt Farm and an Aquaculture 1 km. Farm/Aquaculture Associated Company 5) Between two Aquaculture Farms in different 5 km. Aquaculture Fjords 6) Between two Aquaculture Farms in the same 2.5 km. Aquaculture Fjord. 7) Between an Aquaculture Farm and an Aquaculture 1 km Associated Company 8) Between a Land-based Aquaculture Farm and a Seabased Aquaculture Farm 2.5 km 2. The distances stipulated in paragraph 1 above shall be calculated from: 1) Place where water is discharged into the sea from a Land-based Broodstock Farm, a Land-based Smolt Farm, and a Freshwater Smolt Farm, 2) Place where seawater is pumped from the sea or discharged into the sea from a Land-based Page 6

7 Broodstock Farm and a Land-based Aquaculture Farm, 3) Place where wastewater is discharged into the sea from an Aquaculture Associated Company, or 4) a Broodstock Area or an Aquaculture Area of the respective Broodstock Farm or Aquaculture Farm. 3. All Broodstock Areas related to a Sea-based Broodstock Farm(s) shall be situated in the same Broodstock Fjord(s). 4. All Smolt Areas related to a Freshwater Smolt Farm shall be situated in the same Smolt Pond or the same watershed area. 5. All Aquaculture Areas related to a Sea-based Aquaculture Farm shall be situated in the same Aquaculture Fjord as the Aquaculture Farm. 6. A Land-based Broodstock Farm or a Land-based Smolt Farm or a Freshwater Smolt Farm in a Smolt Pond shall not be so situated that any flow of water runs to or from the watershed area where other Land-based Broodstock Farms or Land-based Smolt Farms or Freshwater Smolt Farms are located. 7. The Food and Veterinary Authority may grant exemptions to the separation requirements stipulated in paragraphs 1 and 2: 1) If it is determined that there is minimal risk for the spread of infectious disease, the Food and Veterinary Authority may shorten the separation requirements; 2) If it is determined that there is significant risk for the spread of infectious disease, the Food and Veterinary Authority may increase the separation requirements. 12. The Broodstock Farms, Smolt Farms and the Land-based Aquaculture Farms shall clean and disinfect incoming freshwater and seawater. 2. The Food and Veterinary Authority shall approve the technical equipment/system used in said cleaning and disinfecting of intake water. 3. The Food and Veterinary Authority, after a risk assessment, may grant a Land-based Aquaculture Farm an exemption from the stipulations set forth in paragraph 1 above. 13. In the entry to each Fish Farming Facility, its respective permit identification number (L-, S-, M- or AS-number) shall be displayed. 2. A Floating Aquaculture Facility shall post its respective permit identification number; its respective Broodstock Area, Smolt Area or Aquaculture Area number and the respective Fish Group number. 3. The respective numbers referenced in paragraphs 1 and 2 above, shall be easy to read. The signage displaying the respective numbers on a Floating Aquaculture Facility shall be discernible from afar. 4. Various Aquaculture Equipment shall each be marked with special number plates from the Food and Veterinary Authority. Page 7

8 14. The buildings, rooms, and outdoor areas associated with Fish Farming Facilities shall be laid out and outfitted consistent with the guidelines set forth in the diagrams provided by the Food and Veterinary Authority. 2. The buildings and outdoor areas associated with the Fish Farming Facilities shall be suitably fenced off so that unauthorized individuals have no access to the Fish Farming Facilities and that traffic to and from the Fish Farming Facilities is via a Sluice Gate. 3. The buildings, rooms, and outdoor areas associated with Fish Farming Facilities shall be of such a size and situated in such wise that the work flow is deemed logical and easily facilitates good sanitation and disease prevention measures. 4. The buildings, equipment and outdoor areas shall be constructed and outfitted so that cleaning and disinfecting can be carried out easily and efficiently. 5. The floor, walls and ceiling of rooms designated for the storage of fish, fish extract, fish feed and dead fish shall be watertight and easy to wash and disinfect. Rotten and untreated materials shall not be used. 6. Buildings and equipment shall be well maintained. 15. Fish Farming Facilities shall have these associated buildings, rooms or facilities/equipment: 1) Reception Sluice Gate at the entry hall, 2) Dry sluice room with a dry floor that divides the different Production Units from each other and divides the Production Units from the employee break room, 3) Inspection room or inspection area with suitable table and floor space, 4) Necessary technical and storage rooms, 5) Facilities for the measuring and storage of dead fish, 6) Office space, 7) Changing rooms with toilets where personal clothing and work clothes are kept separate 8) Showers shall be accessible from the changing rooms, 9) Changing rooms and the Sluice Gate room may be combined. 2. Access between clean and non-clean rooms or areas at the Fish Farming Facilities shall be via a Sluice Gate room, confer paragraph 1 above, nos. 2 and 7 or 9, where the changing into work clothes and footwear, in addition to hand-washing and disinfecting, shall take place. 3. Inspection room or inspection area, confer paragraph 1, no. 3, which is intended for sampling and inspection of fish shall have work areas laid out with steel tables with sinks with hot and cold running water. The free work space shall be at least two (2) metres and the table height shall be cm from the floor. The floor shall have a drainage outlet. Wastewater shall be collected and disinfected before it is discharged. 16. The Fish Farming Facilities shall have sufficient and suitable equipment/infrastructure for the measuring, silaging and the temporary storage of Fish Kill. The daily capacity of Fish Kill shall equate to Page 8

9 1% of the maximum Biomass produced by the Fish Farming Facilities consistent with the approved operations plan, confer If, pursuant to the Emergency Preparedness Plan, confer 23, an agreement is entered into with an approved company for the lease of grinders and tanks and the retrieval of silage and there is a large Fish Kill, the daily capacity referenced in paragraph 1 may be set correspondingly lower. The daily capacity at a land-based farm, however, shall always be no less than the equivalent of 0.1% of the maximum Biomass produced at the Aquaculture Farm consistent with the approved operations plan, confer The measuring and silaging of dead fish may be carried out onboard an auxiliary boat out in the Aquaculture Area or at the land-based facility of the respective Aquaculture Farm: 1) If the measurement and silaging of Fish Kill takes place at a land-based facility, as referenced in paragraph 1 above, the equipment/infrastructure referenced in paragraph 1 above shall be laid out in a room or area in the following manner: a) The flooring shall be watertight such that the necessary washing and disinfecting can be accomplished, b) The area shall be fenced off and secured against unauthorized access, c) Fish Kill and foul-smelling fish offal shall be disposed of in a sealed and watertight container/ dumpster or tank, and d) The collection of silage shall take place without any direct connection between the Aquaculture Farm and the vehicle dispatched to collect the silage. 2) If the measurement and silaging of Fish Kill takes place onboard the auxiliary boat out in the Aquaculture Area, the equipment for temporary storage of the silage referenced in paragraph 1 above shall be consistent with the following: a) The flooring/decking shall be watertight such that the necessary washing and disinfecting can be accomplished, b) All connection couplings between the boat and the storage tank shall be tight and secure and nothing shall be allowed to run off during the coupling and uncoupling of the connections, c) An automatic system shall ensure that the tank is not overfilled. The system shall be approved by the Food and Veterinary Authority, d) The area shall be fenced off and secured against unauthorized access, e) Silage shall be stored in a sealed and watertight container/dumpster or tank, og f) The collection of silage shall take place without any direct connection between the Aquaculture Farm and the vehicle dispatched to collect the silage. 17. The Fish Farming Facilities on land, in addition to the buildings, rooms and facilities referenced in 14-16, shall also maintain control over and manage the buildings, rooms and outdoor areas set aside to the farming of fish in tanks or vats. 18. Sea-based Broodstock Farms, Freshwater Smolt Farms and Sea-based Aquaculture Farms shall have a land-based area with the buildings, rooms and facilities referenced in and a special area set aside for the reception, measurement, silaging and temporary storage of Fish Kill, pursuant to 16. Page 9

10 19. In the event that the land-based area and the special area pursuant to 18 of a Broodstock Farm or a Sea-based Aquaculture Farm cannot be located directly alongside the harbour of the land-based area, the Food and Veterinary Authority may approve another location as close to the harbour as possible. 2. Sealed and watertight containers shall be used to transport Fish Kill from the auxiliary boat to the area or room where the fish will be measured and stored. The transport of aquaculture equipment between the Aquaculture Farm and the area where the aquaculture equipment shall be washed and stored shall be conducted pursuant to the rules set forth under Aquaculture Equipment and other equipment that is used in fish farming should be outfitted such that the physiological and behavioural needs of the fish are met. 2. Aquaculture Equipment and other equipment that comes in contact with the fish shall not have sharp edges or the like that could injure the fish. 3. Aquaculture Equipment and other equipment at a Broodstock Farm, Smolt Farm, or Land-based Aquaculture Farm should be able to be emptied of water and be outfitted such that they could be thoroughly washed and disinfected. 21. The Food and Veterinary Authority may stipulate rules and conditions regarding the required alterations, maintenance and repair/renovation of the buildings, rooms, facilities, equipment and outdoor areas that do not meet the requirements in The Food and Veterinary Authority may grant existing Fish Farming Facilities a deadline by which to meet the requirements set forth in Operations Plan 22. Concessionaire is responsible to maintain a current Operations Plan for the Fish Farming Facilities. An updated Operations Plan shall be submitted for approval to the Food and Veterinary Authority no later than 1 February of each year. 2. During the approval review, the Food and Veterinary Authority shall take special note to evaluate the following: 1) Greatest fish density according to the Operations Plan, 2) Greatest Biomass according to the Operations Plan, 3) Infection risk, if there are more than one fish species at the same Fish Farming Facilities. 3. The Operations Plans for the Aquaculture Farms in the same Aquaculture Fjord shall be coordinated and harmonized before they will be approved by the Food and Veterinary Authority. 4. If issues of distance, water conditions, or farm operations warrant, the Food and Veterinary Authority may require that the Operations Plans for multiple Aquaculture Fjords be coordinated and harmonized before they individually can be approved. Page 10

11 5. 1) Current Operations Plans shall cover two (2) Production Cycles. 6. Operations Plans for the hatching of roe at Broodstock Farms and Smolt Farms shall contain the information stipulated in Annex The Operations Plan for the farming of fish at a Broodstock Farm, Smolt Farm, and an Aquaculture Farm shall contain the information stipulated in Annex 3 for each Operational Unit of the Broodstock Farm, Smolt Farm, and/or Aquaculture Farm. 8. In the event that an Operations Plan should be amended, the Food and Veterinary Authority shall be notified and the change(s) approved. Emergency Response Plan 23. The Concessionaire shall prepare an Emergency Response Plan for the Fish Farming Facility. The Plan shall provide a detailed analysis of the risks and the emergency measures that shall be set into motion in the event of an accident or incident. The Emergency Response Plan shall, at the very least, address in the detail the following points: 1) Incidents that result in the escape of fish, 2) Algae growth, pollution and the like that could result in significant Fish Kill or that the fish could not be used as food, 3) Disease among the fish that could result in significant Fish Kill, 4) Hygienic slaughter of a considerable number of fish over a very short period of time, and 5) Removal of a considerable number of fish over a very short period of time. 2. The Emergency Response Plan shall also provide the following information: 1) Organizational chart, 2) Names and addresses of staff and their respective job descriptions, and 3) Names and addresses of the various authorities, companies, and others that should be notified as part of an emergency response. 3. The Food and Veterinary Authority shall approve the Emergency Response Plan referenced in paragraph 1 and 2 above. 4. In the event that amendments are made to the Emergency Response Plan or to operations, the Food and Veterinary Authority shall be notified of said intended amendments. The Food and Veterinary Authority shall determine if said amendments/changes require a new review and approval of the Emergency Response Plan. Internal Inspection 24. Fish Farming Facilities shall implement an Internal Inspection prior to 31 December 2010 that meets the requirements stipulated by the Food and Veterinary Authority before any fish may be set out Page 11

12 at the respective Fish Farming Facility. The Operations Manager of the Fish Farming Facility is responsible to ensure that the Internal Inspection is implemented and is operational throughout the company. This shall be done in collaboration with the staff of the Fish Farming Facility. 2. The Internal Inspection shall be adapted to the extent necessary to the activities, risks and size of the Fish Farming Facility to ensure compliance with the then current legal requirements regarding operation of Fish Farming Facilities and the reduction of disease among the fish. 3. Internal Inspection shall encompass the identification and cataloging of: 1) Circumstances that might increase the risk for Fish Kill and that disease could be transmitted to the Fish Farming Facility and spread, 2) Measures that should be set into motion to limit Fish Kill and that disease could be transmitted to the Fish Farming Facility and spread, and 3) Procedures for maintaining oversight that shall prevent Fish Kill and that disease could be transmitted to the Fish Farming Facility and spread, 4) Circumstances that could result in the escape of fish. 4. The Internal Inspection shall encompass the training of staff in the following: 1) Current legislation and directives regarding disease prevention operation of Fish Farming Facilities and on the reduction of disease among fish. Copies of current legislation/directives shall be available at the Fish Farming Facilities, 2) Usual and customary work at the Fish Farming Facilities, including the daily inspection via technical measuring equipment of the water quality, feed, health and well-being of the fish, 3) Disease prevention measures, including cleaning and disinfecting of aquaculture-related equipment, the sanitary handling of Fish Kill, the disinfecting of roe, personal hygiene, and the procedures in place regarding the administration of medicine and the vaccination of fish, 4) Evaluation of risks and the implementation of preventative measures against such identified risks, confer Internal Inspection shall regularly be reviewed by the Food and Veterinary Authority. 6. In the event that amendments/changes are made to the Internal Inspection or operations, the Food and Veterinary Authority shall be notified of said changes. Operations Log Book 25. The Concessionaire of Fish Farming Facilities is responsible to ensure that an electronic Operations Log Book is maintained regarding the hatching of roe and/or fish farming activities. The Operations Log Book shall be retained at the respective Fish Farming Facility for a period of at least five (5) years. 2. The Operations Log Book for the hatching of roe at Broodstock Farms, Smolt Farms, and other Fish Farming Facilities that have permission to hatch roe shall contain the information stipulated in Annex 4. Page 12

13 3. The Operations Log Book for the farming of fish at Broodstock Farms, Smolt Farms, Aquaculture Farms and other Fish Farming Facilities that have permission to farm fish shall contain the information stipulated in Annex The Operations Log Book shall be made available to the Food and Veterinary Authority and the veterinarian of the Fish Farming Facility in connection with inspection of the Fish Farming Facility. Notice 26. Concessionaires of Aquaculture Farms have the responsibility to transmit every month to the Food and Veterinary Authority an electronic copy of the electronic Operations Log Book maintained pursuant to 25, paragraph 3 no later than the seventh day of the following month, to the extent that such transmittal does not violate any Faroese legislation on the handling of personal information. The requested information shall be submitted via the HFS-Fish Farm Registry System. 2. The Food and Veterinary Authority may request the other operational information referenced in 25, paragraph 2-3 to be submitted and the Food and Veterinary Authority may promulgate regulations in this regard. 27. The Food and Veterinary Authority shall create, maintain and update an electronic database that can receive, distribute and store the required information referenced in 26 such that the information data can be statistically processed. 2. The database shall be so constructed that there is complete traceability throughout the entire production process, from broodstock to harvested fish. 28. The Food and Veterinary Authority may let other public authorities access and retrieve the information referenced in 26, if said authorities have the legal authority to request such data. 2. The Food and Veterinary Authority may request a fee pursuant to the directive on such payments. 29. The Food and Veterinary Authority has the authority to use the transmitted data anonymously in connection with the following: 1) Scientific publications. 2) Public, retrospective notification of annual statistical production data, including a) Total production, b) Fish kill, c) Escaped fish, d) Disease statistics, e) Medicine usage. 30. The Food and Veterinary Authority shall promulgate regulations on the use and presentation/publication of the retrieved information data. Page 13

14 2. In the event a question or dispute arises over the use or publication of said data, the Food and Veterinary Authority shall convene a committee comprised of two representatives from the aquaculture industry and two representatives from the relevant public authority to review and resolve the issue. 31. The limitations stipulated in shall not hinder the Food and Veterinary Authority from using the retrieved information data for the purpose of disease prevention or eradication. Article IV Operations General regulations on the operation of Fish Farming Facilities 32. 1) Fish Farming Facilities shall be operated consistent with veterinary, biological, environmental and technological best practices. 33. The operations and layout of Fish Farming Facilities shall demonstrate a concern for the welfare of the fish and the equipment shall be of such a nature and be so organized that the handling and processing of the fish shall be carried out in such a manner that the fish suffer as little as possible. 34. A Fish Farming Facility, including the land-based installations, the auxiliary and feed boats, the feed shredder and other aquaculture equipment shall be cleaned daily consistent with the procedures set forth in the Internal Inspection, confer Auxiliary and feed boats are only permitted to operate between the land-based installation and the Broodstock Areas and Aquaculture Areas of the Fish Farming Facility. 35. Employees, service providers and others at a Fish Farming Facility shall wear clean clothes and footwear. Prior to entering a production room or area, everyone shall pass through the Sluice Gate room, pursuant to 15, paragraph 2, and change into special work clothes and footwear. In addition, everyone shall wash and disinfect their hands. The equipment of service providers also shall be transported through the Sluice Gate room and, if necessary, be washed and disinfected. 2. Divers that provide services to Fish Farming Facilities shall have an approved procedural manual for the washing and disinfecting of their dive gear and equipment. The Food and Veterinary Authority shall approve and inspect said divers. 36. If weather and wind conditions permit, daily inspection of the fish shall be conducted and the fish shall be feed daily at the Fish Farming Facility. 2. It is permissible to not feed the fish prior to slaughter if the cages shall be emptied or before the separating, transport, vaccination, sampling of the fish and in connection with especially high or cold temperatures. 37. The equipment and structural infrastructure used in fish farming shall be, at the very least, of such strength and quality as to be adequate and fit for purpose, well constructed and shall be used with the necessary oversight and care. Page 14

15 2. Any Floating Aquaculture Facility, anchors (moorings), fish farming equipment and technical installations at the Fish Farming Facility shall be regularly inspected for excessive wear and tear, damage and defects. Possible damage, defects or missing parts shall be repaired/replaced immediately. 3. If rough weather is predicted, all risks identified in the Internal Inspection shall be inspected prior to the onset of the severe weather and any possible damage or defects shall be remedied without delay. Moreover, after the severe weather is passed, an inspection shall be conducted. 38. The transport of live fish, Fish Kill and aquaculture equipment to and from the Fish Farming Facility shall be carried out consistent with the then current regulations stipulated in the Directive on the Transport of Aquaculture Animals, organic waste from fish farming, etc. 2. Internal transport within a Fish Farming Facility of Fish Kill and aquaculture equipment may be carried out without seeking authorization, if the then current regulations on the transport of Aquaculture Animals, etc. are followed. 39. Fish Kill shall be collected at least five (5) times per week from Sea-based Aquaculture Farms and daily from Land-based Aquaculture Farms, if weather or wind does not impede said collection. If necessary, Fish Kill shall be collected more frequently. 2. Fish Kill shall be measured and acidified to less than 3.7 ph within 24 hours of collection, before the Fish Kill is transported from the Fish Farming Facility. 40. Only fish from the same Year Class can be set out in the same Aquaculture Fjord, Broodstock Fjord, or Smolt Pond. 2. The Food and Veterinary Authority may permit different Year Classes in the same Land-based Fish Farm, if the Fish Farming Facility is divided up into several Operational Units. However, the reception Sluice Gate, the employee break room and administrative offices may be common for several Operational Units. 3. Under certain conditions, the Food and Veterinary Authority may require that different Operational Units should not have common employees. 41. When fish escape, or there is a suspicion that fish might have escaped, the Concessionaire of the Fish Farming Facility shall immediately notify the Food and Veterinary Authority of the occurrence. 2. After an evaluation of the risk for the spread of disease from the relevant Fish Farming Facility, the Food and Veterinary Authority may order the Fish Farming Facility to attempt to retrieve the escaped fish. 3. The Concessionaire of the Fish Farming Facility has the responsibility to ensure that efforts are undertaken to retrieve the escaped fish pursuant to paragraph 2 above. 42. If the weather and wind permit, outdoors Aquaculture Equipment shall have bird netting or the like to discourage birds from attempting to take the fish. Page 15

16 43. It is not permitted to use farmed fish or parts of farmed fish as food for the same type of farmed fish. 2. Feed for farmed fish shall be produced by companies that are approved to produce fish feed. 44. It is not permitted to bleed and gut fish at a Fish Farming Facility without special permission from the Food and Veterinary Authority. 2. The Food and Veterinary Authority may grant permission for the bleeding and gutting of fish at a Fish Farming Facility, if the Fish Farming Facility meets the then current terms and conditions for food production and the disinfecting of wastewater. 45. In the event that medicine is used, signage shall be affixed to the relevant Aquaculture Equipment giving notice of such. The signage shall be displayed while the treatment is being carried out and until the observation period is completed. 46. It is only permitted to use approved medicine in the treatment of Aquaculture Animals at a Fish Farming Facility. 2. The stipulation set forth in paragraph 1 above is also applicable to non-prescription medicine. 47. All chemical agents, including cleaning and disinfecting agents that are used at a Fish Farming Facility shall be approved by the Food and Veterinary Authority or other qualified public authority pursuant to the then current regulations. Operation of a Broodstock Farm 48. Broodstock Farms may only be used for the farming of Broodstock. 2. In the event that Broodstock grows to such a sizeable quantity, upon suitable application, the overage may be slaughtered and used for food production. 49. Broodstock Farms may only purchase or receive sperm, unfertilized or fertilized roe, fry, parr, smolt and adult Broodstock from other Broodstock Farms. 2. Land-based Broodstock Farms that farm Broodstock in both freshwater and sea phases in vats, tanks and the like on land shall not purchase or receive: 1) Sperm, unfertilized or fertilized roe, fry, parr and smolt descended from Broodstock that have grown up in Sea-based Broodstock Farms, or 2) Pubescent Broodstock from Sea-based Broodstock Farms. 3. Under special circumstance, the Food and Veterinary Authority may grant an exception to the stipulations set forth in paragraph 1 and 2 above. Page 16

17 50. Broodstock Farms may sell or transport: 1) Sperm, unfertilized or fertilized roe, fry, parr, smolt and adult Broodstock to other Broodstock Farms, confer, however, 49, paragraph 2. 2) Fertilized roe to Land-based Smolt Farms, 3) Fry and parr to Land-based Smolt Farms, 4) Parr to Freshwater Smolt Farms, 5) Smolt to Land-based and Sea-based Aquaculture Farms, 6) to a slaughter facility fish that, pursuant to 48, paragraph 2, are ready for slaughter. 51. Newly fertilized roe (green eggs) at a Land-based Broodstock Farm shall be disinfected before swelling. 2. Eyed eggs shall be disinfected immediately when they are received by a Land-based Broodstock Farm. 52. Roe of different ancestry shall be kept apart while they are being hatched. 2. Broodstock of different ancestry shall be kept apart throughout the entire Production Cycle. Operation of Smolt Farms 53. Smolt Farms shall only be used for the farming of Food Fish. Live fish, roe and sperm from Smolt Farms shall not be used in the farming of Broodstock. 54. Land-based Smolt Farms are only permitted to purchase or receive fertilized eggs, fry and parr from Broodstock Farms. 2. Freshwater Smolt Farms are only permitted to purchase or receive parr from Broodstock Farms and Land-based Smolt Farms. 3. Under special circumstances, the Food and Veterinary Authority may grant an exception to the provisions in paragraph 1 above. 55. Land-based Smolt Farms shall only sell or transport: 1) Parr to Freshwater Smolt Farms, 2) Smolt to Land-based and Sea-based Aquaculture Farms, and 3) Fish to a slaughter facility that are ready for slaughter. 2. Freshwater Smolt Farms shall only sell or transport: 1) Smolt to Land-based and Sea-based Aquaculture Farms, and 2) Fish to a slaughter facility that are ready for slaughter. 56. Eyed eggs shall be disinfected immediately when they are received at a Land-based Smolt Farm. Page 17

18 57. Before light-managed smoltification of salmon is initiated, the juvenile salmoids shall be separated by respective sizes to ensure isotropic smoltification. 2. Appropriate analysis and examination consistent with good animal husbandry and welfare practices shall attest that the fish are ready to be released into the sea. 3. The fish that are released shall be of sufficient size and otherwise ready for release that they will tolerate the shift to seawater. 4. Smolt that have visible injuries, pubescent male fish or smolt that for some other reason are of poor quality shall be separated and discarded. Operation of Aquaculture Farms 58. Aquaculture Farms shall only be used for the farming of Food Fish. Live fish, roe and fry from Aquaculture Farms shall not be used for the farming of Broodstock. 59. Land-based Aquaculture Farms shall only purchase or receive smolt from Broodstock Farms, Land-based Smolt Farms and Freshwater Smolt Farms. 2. Sea-based Aquaculture Farms shall only purchase or receive smolt from Broodstock Farms, Landbased Smolt Farms, Freshwater Smolt Farms and Land-based Aquaculture Farms. 3. Under certain conditions, the Food and Veterinary Authority may grant an exception to the stipulations in paragraph 1 above. 4. In connection with the coordination of Operation Plans pursuant to 22, paragraph 3, such that the fallowing of Aquaculture Farms is carried out at the same time, the Chief Veterinary Officer, under certain conditions, may grant an exemption to paragraph 2 above such that the fish can be transported from one Sea-based Aquaculture Farm to another. 60. Land-based Aquaculture Farms shall only sell or transport fish to Sea-based Aquaculture Farms and slaughter facilities. 2. Sea-based Aquaculture Farms shall only sell or transport fish to slaughter facilities. 3. In connection with the coordination of Operation Plans pursuant to 22, paragraph 3, such that the fallowing of Aquaculture Farms is carried out at the same time, an official veterinarian, under certain conditions, may grant an exemption to paragraph 2 above such that the fish can be transported from one Sea-based Aquaculture Farm to another. Fish Density Limits 61. The fish density at Broodstock Farms, Smolt Farms and Land-based Aquaculture Farms shall be consistent with the best biological and technical industry practices and shall not exceed a density that would jeopardize the continuous maintenance of the best water parameters and conditions possible and that would not negatively impact the welfare of the fish. Page 18

19 2. Water quality shall be measured by appropriate physical and chemical analysis and the results recorded so that the measurements can always be available for review. 3. Fish density at Freshwater Smolt Farms shall not exceed: Average weight of the fish Fish Density < 5 gram 10 kg/m 3 > 5 gram 20 kg/m 3 4. Fish Density at Broodstock Farms and Sea-based Aquaculture Farms shall not exceed: Average weight of the fish Fish Density < 1 kg 10 kg/m kg 15 kg/m kg > 3 kg 20 kg/m 3 25 kg/m 3 5. The ring capacity referenced in paragraphs 3-4 above is calculated as the surface area of the ring times the depth of the ring. The depth of the ring is calculated from the surface of the water down to the line of lead weights, however, no greater than 15 metres. Washing, Disinfecting and Fallowing of Fish Farming Facilities 62. After each Production Cycle when the Fish Farming Facility/Operational Unit is emptied of fish and the nets removed, the Fish Farming Facility/Operational Unit shall be washed, disinfected and allowed to lay fallow before fish are set out again. 2. The Food and Veterinary Authority shall be notified immediately when a Fish Farming Facility /Operational Unit is emptied of fish. 63. The washing and disinfecting of a Fish Farming Facility/Operational Unit shall be carried out consistent with guidelines from the Food and Veterinary Authority. 2. The cleaning and disinfecting of land-based fish farming installations shall include: 1) Offices/rooms, 2) Spawn hatchers and other hatchery equipment, 3) Vats and tanks, 4) Water lines and biofilters, 5) Other operations equipment and 6) The outside areas. 3. The cleaning and disinfecting of Floating Aquaculture Facilities shall include: Page 19

20 1) Steel cages and other floating farming equipment that can be washed and disinfected at sea, 2) Nets and similar equipment that shall be cleaned and disinfected on land. Wastewater shall be treated according to the regulations on the disinfecting of wastewater from Fish Farming Facilities and aquaculture installations/companies. 4. Before Fish Farming Facilities/Operational Units can be laid fallow, the cleaning and disinfecting carried out shall be approved by the Food and Veterinary Authority. 64. The cleaning and disinfecting of Fish Farming Facilities/Operational Units shall also be carried out when: 1) A farming installation or part of an installation shall be moved to another Aquaculture Fjord or, 2) An infectious disease has been or is confirmed. 2. The cleaning and disinfecting required pursuant to paragraph 1 above shall begin immediately once the Fish Farming Facility/Operational Unit is emptied of fish and shall be completed no later than one (1) month subsequent. 65. The time period that the Fish Farming Facility/Operational Unit shall lay fallow between each Production Cycle shall be at least: 1) One (1) week for Fish Farming Facilities/Operational Units that farm fish in vats, tanks and the like on land, 2) 2) Two (2) months for Fish Farming Facilities/Operational Units that farm fish in rings, cages and the like in freshwater or at sea, beginning on the day the Fish Farming Facility/Operational Unit is emptied of fish and the nets taken down. 2. The Fish Farming Facilities/Operational Units with less than five (5) kilometres between them shall lay fallow at least one (1) month beginning on the day the Fish Farming Facilities/Operational Units are emptied of fish and the nets taken down. 3. The Food and Veterinary Authority may extend the time period stipulated in paragraph 1 above if an infectious disease has been found in the respective Fish Farming Facility. 4. The Food and Veterinary Authority may shorten the fallow time period for those Fish Farming Facilities/Operational Units referenced in paragraph 1, no. 1 above and are laid out in such a manner that excellent drying, washing and disinfecting is possible. Health Inspection 66. Every Fish Farming Facility shall retain a veterinarian who shall maintain regular oversight of the respective Fish Farming Facility. 2. The Concessionaire of the Fish Farming Facility shall provide the Food and Veterinary Authority with the name and address of the retained veterinarian. Page 20